top of page

Distribution of Emergency Contraception (EC) by Organizations: legal Issues

Background information about legal risk and liability for community organizations planning to distribute emergency contraception through peer-to-peer models.

"This is much harder than I thought it would be." Access to over-the-counter emergency contraception in America 

Emergency contraception (EC) is an essential component of reproductive autonomy, because it gives people who experience sexual assault, unprotected sex, or a condom breaking a last chance to prevent pregnancy. Levonorgestrel (LNG) EC, such as Plan B® has been available over-the-counter with no regulatory restrictions since 2013. In the decade since, the American Society for Emergency Contraception has monitored the cost of and access to EC in stores and pharmacies. Many stakeholders have worked hard towards equitable access to EC - yet substantial barriers remain. Among 313 stores, we found that:

*18% did not stock EC at all

*27% imposed outdated age restrictions

*The average price for Plan B One-Step was $49, and generics cost $35 on average (ranging from $5.18-$54)

*54% of stores stocked EC on the shelf

*36% of participants found it somewhat or very difficult to locate EC

*13% of stores had ella in stock

Progress has been made since OTC approval nearly 10 years ago, but we still have a long way to go until equitable access to LNG EC is a reality.

Commentary: Now Is the Time to Safeguard Access to EC before Abortion Restrictions Sweep the United States

This commentary, written by ASEC in collaboration with a diverse team from across the country, describes the increasing importance of contraception, particularly emergency contraception, as 26 states are banning or severely restricting access to abortion following the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. Existing barriers to emergency contraception – including cost, obstacles to over-the-counter purchase, low awareness, poor availability of the most effective options, and myths about safety and mechanism of action – already substantially limit access. Proactive solutions include public information campaigns; healthcare provider education about all emergency contraceptive options, including IUDs and advance provision of emergency contraceptive pills; innovative service delivery options such as vending machines and community distribution programs; and policy initiatives to ensure insurance coverage, eliminate pharmacy refusals, and support all service delivery options. In the face of extreme limits on reproductive healthcare, now is the time to expand and protect access to emergency contraception so that everyone has the possibility of preventing pregnancy after unprotected sex or sexual assault. Download it or read it online here: https://www.contraceptionjournal.org/article/S0010-7824(22)00167-6/fulltext

Mechanism of Action of Levonorgestrel ECPs

The mechanism of action of emergency contraceptive pills (ECPs) has been a source of confusion since the introduction of ECPs. The FDA-approved label for levonorgestrel ECPs now reflects what robust evidence has shown for over a decade - that LNG ECPs work by preventing ovulation and do not prevent implantation of a fertilized egg. This fact sheet describes the scientific research documenting the mechanism of action of LNG ECPs.

 

Para la versión en español, haga clic aquí.

EC Efficacy and Weight

​Recent regulatory changes have raised the question of whether ECPs may be less effective for users with higher body weights. Some data show that both LNG (sold in the US as Plan B One-Step®, Take Action™, and others) and UPA (sold in the US as ella®) may be less effective for individuals with higher body weight, although LNG may lose effectiveness at a lower weight threshold than UPA. However, there is disagreement about whether these data are definitive. New evidence calls into question previous recommendations to offer a double dose (3.0 mg) of LNG EC to individuals with obese body mass index.

EC in the COVID Era

The rapid spread of COVID-19 has highlighted fundamental gaps in the American healthcare system, weaknesses in our social fabric, and striking racial and economic disparities. Access to reproductive healthcare is as essential as ever, yet the pandemic layers new barriers upon existing challenges. Now more than ever, emergency contraception (EC) is an important option for individuals who want to prevent pregnancy on their own terms. Having EC on hand before it is needed can make that a possibility any time, but particularly during this crisis. In this fact sheet, we describe the importance of EC during this crisis and recommend strategies for obtaining a supply of EC pills to keep on hand before it is needed. 

EC for Transgender Patients

Healthcare providers who offer care for patients of reproductive age should be ready to answer questions about EC for transgender and nonbinary patients. Pregnancy is possible for any individual with a uterus and ovary(ies) who has receptive penis-in-vagina sex with partners who produce sperm, regardless of gender identity. Patients who are amenorrheic due to testosterone use may be surprised that they may be at risk for pregnancy.  Transgender and nonbinary people deserve patient-centered access to the full range of reproductive healthcare options, including EC. Healthcare providers have an important role to play in offering supportive, non-judgmental, and compassionate care. This fact sheet addresses medical and social-emotional aspects of EC for transgender and nonbinary patients. 

Emergency Contraception: A guide for Pharmacies and Retailers 

In partnership with the Birth Control Pharmacist, this factsheet highlights important information about emergency contraception, purchasing restrictions, why it's importance to stock LNG-EC, and the available FDA approved emergency contraceptives. Para una versión en español, haga clic aquí.

Providing Hormonal Contraception after Use of EC Pills 

Until recently, clinical guidelines recommended immediate start of ongoing hormonal contraception after use of any EC pills to reduce the future risk of pregnancy. However, recent evidence suggests that providing progestin-containing contraceptives after ulipristal acetate (UPA) EC may reduce the efficacy of UPA EC. In this extensively reviewed fact sheet, we describe the evidence, discuss outstanding questions, and offer recommendations for providers. 

EC Access Report - 2017

This report provides a summary and key recommendations based on the findings from ASEC's 2017 survey of EC access in pharmacies across the United States. 

EC Access Report - 2015

This report provides a summary and key recommendations based on the findings from ASEC's 2015 survey of EC access in pharmacies across the United States.

EC Access Report - 2014

This report provides a summary and key recommendations based on the findings from ASEC's 2014 survey of EC access in pharmacies across the United States.

bottom of page